DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6697)

THE TRUSTEE FOR DC FLOORING UNIT TRUST T/A DC FLOORING PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building services
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2016

Application for approval of The Trustee for DC Flooring Unit Trust t/a DC Flooring Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for DC Flooring Unit Trust t/a DC Flooring Pty Ltd and CFMEU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the DC Flooring Pty Ltd and CFMEU Enterprise Agreement 2016. The dispute arose from the negotiations between the CFMEU and the trustee of the DC Flooring Unit Trust, resulting in a proposed enterprise agreement. The applicant sought to have this agreement registered as a protected action agreement, which would provide it with immunity from legal challenges.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it complied with the principles of good faith bargaining and procedural fairness. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it appropriately addressed the bargaining process.

The Commission carefully examined the negotiation process and the content of the proposed agreement. It found that the agreement met the statutory criteria and was consistent with the principles of good faith bargaining and procedural fairness. The Commission also concluded that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms of employment. Consequently, the Commission approved the application and registered the agreement as a protected action agreement.

In summary, the Fair Work Commission approved the DC Flooring Pty Ltd and CFMEU Enterprise Agreement 2016, finding it to be in compliance with the statutory requirements and the principles of good faith bargaining and procedural fairness. The agreement was also deemed to be in the best interests of the employees.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established